Ala. Admin. Code r. 532-X-7-.01

Current through Register Vol. 43, No. 02, November 27, 2024

Section 532-X-7-.01 - [Effective until 1/8/2025] Grounds for Suspension, Revocation, or Refusal to Issue a License

Upon a finding that the licensee or applicant for licensure has committed any of the following misconduct, the board may suspend, revoke, or refuse to issue or renew a license or impose a civil penalty after notice and opportunity for a hearing pursuant to the Administrative Procedure Act:

(1) The license was obtained by means of fraud, misrepresentation, fraudulent transcripts, invalidated exam scores, or concealment of material facts, including making a false statement on an application or any other document required by the board for licensing.

(2) The licensee sold or bartered or offered to sell or barter a massage therapist license or a massage therapy establishment license.

(3) The licensee has engaged in unprofessional conduct that has endangered or is likely to endanger the health, safety, and welfare of the public, to include:

(a) Violation of the code of ethics applicable to the licensee.

(b) Practicing massage therapy at an establishment to which the licensed massage therapist is not registered.

(c) As the registered massage therapist for an establishment responsible for ensuring compliance with laws and regulations, has allowed a licensed massage therapist who is not registered to the establishment to perform massage therapy at or through the establishment or has allowed an unlicensed person to perform massage therapy at or through the establishment.

(d) Administering treatment which poses a significant health risk to the client.

(e) Administering treatment in a negligent manner.

(f) Administering treatment which the massage therapist is not competent by training or experience to perform.

(g) Administering treatment which the massage therapist is not qualified by training or experience to perform.

(h) Violating the confidentiality of information or knowledge concerning a client.

(i) Offering massage therapy at a sporting event, convention, or trade show without obtaining the written approval of the owner or property manager of the site of the sporting event, convention or trade show or the organizer of the sporting event, convention, or trade show.

(j) Teaching massage therapy as a massage therapy instructor without a massage therapy instructor license, unless teaching continuing education as a visiting massage therapy instructor exempt under the statutes.

(k) Refusing to allow the designated board member(s) or investigator to inspect a massage therapy establishment or other business premises of a licensee during normal business hours.

(l) Aiding, assisting, procuring, or advertising any unlicensed person to practice massage therapy contrary to the rules and regulations of the Board or the Massage Therapy statutes.

(m) Engaging in sexual activity with a client, or attempting or offering to engage in sexual activity with a client, including but not limited to contact with the genitals or the female breast, within a client-massage therapist relationship.

(n) Making deceptive, untrue, or fraudulent representations in the practice of massage therapy or in relation to the practice site.

(o) Practicing or offering to practice beyond the scope permitted by law or accepting and performing professional responsibilities which the licensee knows or has reason to know that he or she is not competent or legally authorized to perform.

(p) Delegating professional responsibilities to a person when the licensee delegating the responsibility knows or has reason to know that the person is not qualified by training, experience, or licensure to perform those responsibilities. This shall not include acts of an enrolled student being supervised by a licensed massage therapy instructor.

(q) Acting as a massage therapist or operating a massage therapy establishment while unlicensed or with a revoked or suspended license.

(r) Practicing massage therapy at a site which is not either exempt from licensure or licensed as a massage therapy establishment, unless the massage therapy is done on-site or outcall at a location under the control of the client, or is done at an educational or trade site for demonstration purposes.

(s) As a licensed massage therapist, massage therapy establishment, or massage therapy school, failing to maintain professional and general liability insurance with an "A' rated or better insurance carrier in the amount of at least one million dollars.

(t) Failing to attend and/or provide evidence of attendance at sixteen (16) hours of approved continuing education course work in the twenty-four (24) months preceding the date renewal of licensure is due.

(u) Failing to perform a statutory or legal or rule-based obligation based upon a licensee in the practice of massage therapy.

(v) Failing to practice massage therapy with reasonable skill and safety to clients as a result of illness; use of alcohol, drugs, narcotics, chemicals, or other mind-altering substances; mental or physical condition.

(w) Failing to practice massage therapy with that level of care, skill, and treatment which is recognized by a reasonably prudent massage therapist as being acceptable under similar circumstances and conditions.

(x) Failing to maintain premises, supplies, and equipment of the massage therapy establishment in a clean and sanitary condition.

(y) Failing to include the licensee's license or registration number in an advertisement.

(4) The licensee has been convicted of a felony or of any crime arising out of or connected with the practice of massage therapy.

(5) The licensee has violated or aided and abetted in the violation of Chapter 43A of Title 34 of the Code of Alabama.

(6) The licensee is adjudicated as mentally incompetent by a court of law.

(7) The licensee uses controlled substances or habitually and excessively uses alcohol.

(8) The licensee has engaged in false, deceptive, or misleading advertising.

(9) The licensee has knowingly allowed the massage therapy establishment to be used as an overnight sleeping accommodation.

(10) The licensee has had a license revoked, suspended, or denied in any other territory or jurisdiction of the United States for any act described in this section.

(11) The applicant or licensee has been convicted of impersonating a massage therapist in another jurisdiction.

(12) As an individual who is governed by Chapter 43A of Title 34 of the Code of Alabama and who has a reasonable belief that another massage therapist has violated that chapter, has failed to inform the board in writing within thirty (30) calendar days after the date the individual discovered the activity.

(13) Refusal to complete a criminal history background check required by the board.

Ala. Admin. Code r. 532-X-7-.01

New Rule: Filed January 29, 2001; effective 3/5/2001.

Adopted by Alabama Administrative Monthly Volume XLII, Issue No. 12, September 30, 2024, eff. 9/20/2024; expires 110 days, 1/8/2025 (Emergency).

Author: Alabama Massage Therapy Licensing Board

Statutory Authority:Code of Ala. 1975, § 34-43A-6